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  • Bell v. State

    Publication Date: 2004-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Lloyd W. Walker, Peachtree City, for appellant.
    for defendant: William T. McBroom III, District Attorney, Fayetteville, and James E. Hardin, Assistant District Attorney, Griffin, for appellee.
    Case Number: A03A2270

    The defendant could not question the victim about her husband's criminal act

  • Moses v. State

    Publication Date: 2004-02-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Thomas J. Ford III and Bernard S. Brody, Atlanta, for Moses. Jonathan A. Kesler, Canton, for Knott. Garry T. Moss, District Attorney, and Rosemary Kittrell, Assistant District Attorney, Canton, for appellee.
    for defendant:
    Case Number: A03A2118; A03A2127

    The trial court did not err in instructing the jury on the law of conspiracy, even though the defendant was not charged with that of

  • Kull v. Six Flags Over Ga. II LLP

    Publication Date: 2003-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Joseph D. Perrotta, Louis R. Feingold Northcutt, Edwards & Feingold and Joseph H. King Jr. King & Hobbs, Atlanta, for appellant.
    for defendant: Andrew M. Gibson, Heather R. Peoples Alston & Bird LLP, and Robert E. Mulholland Savell & Williams, Atlanta, for appellees.
    Case Number: A01A2315

    The plaintiff was barred from recovering for injuries received when he fell from a ladder after being shocked while maintaining a scoreboard because his failure to comply with OSHA regulations amou

  • Stewart v. Favors

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Roy E. Manoll III Fortson, Bentley & Griffin, Athens, Norman L. Underwood, Alan W. Loeffler Troutman Sanders, and Michael T. Thornton, Atlanta, for Stewart. Jeffrey O. Bramlett, David G. Brackett Bondurant, Mixson & Elmore LLP, Adrienne P. Ashby, Ashley Carraway, Dennis Goldstein, Stacy E. Reynolds Atlanta Legal Aid Soc'y, Atlanta, and Roy E. Barnes, Marietta, for Favors et al.. Other party representation: Alan S. Kaplinsky, Mark J. Levin, Philadelphia, Penn., Deborah Zuckerman and Stacy Canan AARP Found. Litigation, Washington D.C.
    for defendant:
    Case Number: A03A1560; A03A1561

    The trial court has the authority to decide whether an arbitration provision in a contract is enforceable when the plaintiffs raise a clear challenge to the provision and present evidence of unconsc

  • Reddick v. State

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Thomas J. Gustinella, Savannah, for Reddick. Steven L. Sparger Jackson & Schiavone, Savannah, for Samuels. Spencer Lawton Jr., District Attorney, and George R. Asinc, Assistant District Attorney, Savannah, for appellee.
    for defendant:
    Case Number: A03A0982; A03A0983

    The defendants' convictions for aggravated assault and reckless conduct were mutually excl

  • Federal Ins. Co. v. Westside Supply Co. Inc.

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Charles D. Hailey Mozely, Finlayson & Loggins, Atlanta, for Federal Ins. Co. Hayes M. Dever and Douglas M. Robinson Friedman, Dever & Merlin, Atlanta, for Westside Supply Co.
    for defendant:
    Case Number: A03A1380; A03A1381

    The defendant was not entitled to summary judgment on the plaintiff's RICO and conspiracy claims since a jury could conclude from the circumstantial evidence that defendant's stockholder knew the i

  • Atlanta Humane Soc'y v. Mills

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Edward L. Greenblatt and James V. Zito Lipshutz, Greenblatt & King, Atlanta, for Atlanta Humane Soc'y. Alan I. Begner, Robert M. Adelson and Katherine Wood Begner & Begner, Atlanta, for Mills. Other party representation: Stacy S. Levy, Decatur, and James Stark, Englewood, Colo.
    for defendant:
    Case Number: A03A2480; A03A2481

    Defendant had a substantive right to exercise her constitutional right of free speech regarding matters of public co

  • State v. Howard

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Richard E. Currie, District Attorney, and Alexander J. Markowich, Assistant District Attorney, Waycross, for appellant.
    for defendant: Alan D. Tucker, Robert L. Crowe Lane & Crowe PC, Brunswick and George L. Hoyt Jr., Alma, for appellees.
    Case Number: A03A1398

    The search of defendant's car after he failed to produce a valid license or proof of insurance was permissible as a search incident to his

  • Sanger v. Dujinski

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Lloyd B. Hedrick Jr. Gray, Hedrick & Edenfield LLP, Atlanta, for appellant.
    for defendant: Robert M. Malcom Benton, Preston & Malcom PC, Monroe, Eric J. Hertz and Houston D. Smith III Hertz, Link & Smith PC, Tucker, for appellee.
    Case Number: A03A1643

    Plaintiff's trial counsel's persistent pattern of arguing facts not in evidence before the jury and his continuing violation of the trial court's order in limine barring evidence of defendant's prio

  • Meadows v. State

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Wystan B. Getz, Decatur, for Meadows. Charles C. Flinn Carnesale & Deland, Decatur, for Thomas. Richard R. Read, District Attorney, and Roberta A. Earnhardt, Assistant District Attorney, Conyers, for appellee.
    for defendant:
    Case Number: A03A1582; A03A1583

    The trial court should not have admitted the first defendant's inculpatory pretrial statement because he did not testify and was not available for cross-examin